cdeneo
04-01 12:29 AM
Gap in employment and porting priority date:
What if there is a gap of employment between leaving the previous employer who made the initial green card application under EB3 and joining the new employer who is willing to make a new application under EB2.
I-140 is approved, I-485 was pending for more than six months when the employee left the first company and has had a gap in employment for a few months. The employee has joined the new company using EAD. I-140 has not been revoked.
Would applying for the green card under EB-2 and trying to port the EB-3 priority date cause any complications given the gap in employment. The new job satisfies the same or similar job requirement with a 50% bump in salary and meets the EB-2 requirements. Would really appreciate your insight on the risks to be aware of if any due to the gap in employment. Thanks!
What if there is a gap of employment between leaving the previous employer who made the initial green card application under EB3 and joining the new employer who is willing to make a new application under EB2.
I-140 is approved, I-485 was pending for more than six months when the employee left the first company and has had a gap in employment for a few months. The employee has joined the new company using EAD. I-140 has not been revoked.
Would applying for the green card under EB-2 and trying to port the EB-3 priority date cause any complications given the gap in employment. The new job satisfies the same or similar job requirement with a 50% bump in salary and meets the EB-2 requirements. Would really appreciate your insight on the risks to be aware of if any due to the gap in employment. Thanks!
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lost
10-27 09:05 AM
In what stage is the background check done? and are we notified of its completion?
alejo6819
10-04 09:30 PM
We went there today, got done in 15 mins. Lots of parking space outside the office.
Thanks a lot for the info, bsnf.
The office is on the left of Chastain Ave. right? I just wanted to be prepared. My appointment is in three weeks.
Thanks a lot for the info, bsnf.
The office is on the left of Chastain Ave. right? I just wanted to be prepared. My appointment is in three weeks.
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TimN
04-19 06:15 PM
Here's my situation in briefest form. I'm engaged to a woman in the Philippines. She worked as a domestic helper in Kuwait from about 2005 to 2007, a period of about 2.5 years total.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
more...
lost_in_gc_land
02-02 12:57 PM
Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
eb3_nepa
06-14 02:38 PM
What happens after the I-485?
I guess I-486:D
Funny. :)
But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.
I guess I-486:D
Funny. :)
But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.
more...
gchopes
12-15 09:08 AM
Does this suggest that - All folks who entered on advance parole (and got 1 yr stamp on their I-94) but stayed beyond that duration because of a valid H1B / EAD are out of status?
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sri2007
05-05 10:14 PM
Gurus,
Pls advice
1. Does Employer still have any ways to revoke the I140 even after 180days crossed from the filling of I485, if Iam transfering my H1 to other company.
2. Also for new job if I were to get title such as Senior Software Engineer, or Data engineer wherein my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though responsibilities match in both the jobs.
Pls advice
1. Does Employer still have any ways to revoke the I140 even after 180days crossed from the filling of I485, if Iam transfering my H1 to other company.
2. Also for new job if I were to get title such as Senior Software Engineer, or Data engineer wherein my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though responsibilities match in both the jobs.
more...
JazzByTheBay
09-07 11:32 AM
Here are a couple of videos from the Milpitas meeting.
It's really important that we all make our best efforts to attend the DC rally. Our life, and those of our children and families, depend on this.
Are you prepared to live for the next 10-15 years on EADs and AP? Ready to renew those every year? Limit your career growth and job prospects? Limit what you can and cannot do? Limit the raises you can get?
There's no reason to be scared to attend the rally. Leading immigration attorney Sheila Murthy supports IV and the DC rally, and encourages all those who are affected to attend.
Here's more:
http://morejazzbythebay.wordpress.com/
cheers!
jazz
It's really important that we all make our best efforts to attend the DC rally. Our life, and those of our children and families, depend on this.
Are you prepared to live for the next 10-15 years on EADs and AP? Ready to renew those every year? Limit your career growth and job prospects? Limit what you can and cannot do? Limit the raises you can get?
There's no reason to be scared to attend the rally. Leading immigration attorney Sheila Murthy supports IV and the DC rally, and encourages all those who are affected to attend.
Here's more:
http://morejazzbythebay.wordpress.com/
cheers!
jazz
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rajmehrotra
10-19 09:46 AM
one will get GC awarded if he crosses border illegally and becomes a victim.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
more...
upuaut
08-29 01:57 AM
I'm not sure of the file format. I can't remember off the top of my head which type an eps doc is. I can say that swift will import any illustrator shape, or stroke. I think as a default it gives the object a 1.0 thickness.
If you have Flash, but no illustrator, no worries, because Flash will export any simple construct fills or strokes as a basic illustrator format.
I do almost all of my work in swift with imported shapes. (though the lathe and extrusion editors in swift are nice also)
If you have Flash, but no illustrator, no worries, because Flash will export any simple construct fills or strokes as a basic illustrator format.
I do almost all of my work in swift with imported shapes. (though the lathe and extrusion editors in swift are nice also)
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ksure
01-25 04:47 PM
i was on h4 , then i applied for new h1 and new ead( through from primary person ) at a time.
i got h1 and ead approvals. i cancelled my h1 because i got ead approval though primary person.
so right now primary person and me both are used our eads. i am doing job using ead .
what my question is if i dont want to continue my work for some months but want to stay on ead , is anything wrong. is there any out of status question . because i am not primary person , as a dependent of primary person through primary person i got ead .
so for dependant person who is having ead can do job any time and if needs can stop doing job as long as i dont want right . there is no wrong right ?
please tell me attorneys or well known persons.
i got h1 and ead approvals. i cancelled my h1 because i got ead approval though primary person.
so right now primary person and me both are used our eads. i am doing job using ead .
what my question is if i dont want to continue my work for some months but want to stay on ead , is anything wrong. is there any out of status question . because i am not primary person , as a dependent of primary person through primary person i got ead .
so for dependant person who is having ead can do job any time and if needs can stop doing job as long as i dont want right . there is no wrong right ?
please tell me attorneys or well known persons.
more...
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sushilup
09-28 12:41 PM
ANY ONE ON THIS PLEASE
Hi Guys,
I didn't find such a thread in my search. If you thing there is already one please delete this.
I want to start a thread for tracking cases which were transfered from one place to other and to estimate that if we are getting in the back of the queue OR receipt date is acknowledged.
My I 485 transfered from TX to CAL and now to NEBRASKA.
131 AND 765 says received and pending at California
package was received at Texas on 23rd July and Cal center issued notice on Sep 24.
Please let me know if anyone has similar case.
Thanx.
Hi Guys,
I didn't find such a thread in my search. If you thing there is already one please delete this.
I want to start a thread for tracking cases which were transfered from one place to other and to estimate that if we are getting in the back of the queue OR receipt date is acknowledged.
My I 485 transfered from TX to CAL and now to NEBRASKA.
131 AND 765 says received and pending at California
package was received at Texas on 23rd July and Cal center issued notice on Sep 24.
Please let me know if anyone has similar case.
Thanx.
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Blog Feeds
06-03 01:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has announced (http://www.aila.org/content/default.aspx?docid=32094) that several more forms will be transitioning from the Service Centers to the Lockbox Network. USCIS believes that by centralizing form and fee intake to a Lockbox environment, USCIS will improve consistency and integrity in the intake process.
The forms scheduled for the transition include:
I-140 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition for Alien Worker;
I-129F (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Petition for Alien Fiance;
I-539 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application to Extend/Change Nonimmigrant Status (Only those filed separately from the I-129)
I-526 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79a7105b5904d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition by Alien Entrepreneur;
I-817 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8eb3d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application for Family Unity Benefits (If filing under section 301 of the Immigration Act of 1990)
This transition has already started, as the Service Centers will be forwarding applications to the appropriate Lockbox facilities. USCIS plans to announce the address change sometime in June and will revise the filing instructions and update the web page for each form.
More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_improving_consistency_an.html)
The United States Citizenship and Immigration Service (USCIS) has announced (http://www.aila.org/content/default.aspx?docid=32094) that several more forms will be transitioning from the Service Centers to the Lockbox Network. USCIS believes that by centralizing form and fee intake to a Lockbox environment, USCIS will improve consistency and integrity in the intake process.
The forms scheduled for the transition include:
I-140 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition for Alien Worker;
I-129F (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Petition for Alien Fiance;
I-539 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application to Extend/Change Nonimmigrant Status (Only those filed separately from the I-129)
I-526 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79a7105b5904d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition by Alien Entrepreneur;
I-817 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8eb3d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application for Family Unity Benefits (If filing under section 301 of the Immigration Act of 1990)
This transition has already started, as the Service Centers will be forwarding applications to the appropriate Lockbox facilities. USCIS plans to announce the address change sometime in June and will revise the filing instructions and update the web page for each form.
More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_improving_consistency_an.html)
more...
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pappu
05-04 11:00 AM
Thank you for the initiative. This will be a big help. Everyone should try to do the same in their districts so make sure our issues are known to every lawmaker.
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kirupa
04-09 11:34 PM
Added up :beam:
more...
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Foxy1
12-12 10:41 PM
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
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ca_immigrant
04-29 09:06 AM
I think this office has more folks...
anyways, I do not know for sure.
Last time I called I was on the phone for 2 hours waiting and talking to them for 45 minutes or so them trying to figure out what is wrong...they could not and was promised that I would hear back from them in a day...well its a week since then and no news...
yesterday when I created this post I was in q waiting to talk to someone...
waited for 3 hours and when I finally reached number 1 in q it was another 30 to 45 minutes wait (as #1 in q) but I guess they had already packed up for the day as I had called at 4 pm and reached #1 at 6:30 PM and at 7:15 PM they happily disconnected the call from q.... (which is not a suprise or is not the first time they did this)
I also wonder under what basis our nice consulate stopped taking PIO and OCI application for a month (in Feb-Mar time frame) and now they are either heavily backlogged (as we are nearing the vacation season) or just that Travisa has no clue of thier act
Travisa is horrible !!
:mad:
anyways, I do not know for sure.
Last time I called I was on the phone for 2 hours waiting and talking to them for 45 minutes or so them trying to figure out what is wrong...they could not and was promised that I would hear back from them in a day...well its a week since then and no news...
yesterday when I created this post I was in q waiting to talk to someone...
waited for 3 hours and when I finally reached number 1 in q it was another 30 to 45 minutes wait (as #1 in q) but I guess they had already packed up for the day as I had called at 4 pm and reached #1 at 6:30 PM and at 7:15 PM they happily disconnected the call from q.... (which is not a suprise or is not the first time they did this)
I also wonder under what basis our nice consulate stopped taking PIO and OCI application for a month (in Feb-Mar time frame) and now they are either heavily backlogged (as we are nearing the vacation season) or just that Travisa has no clue of thier act
Travisa is horrible !!
:mad:
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Dhundhun
07-21 09:32 PM
A quick question for all you experts out there
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
ashres11
02-24 06:39 PM
My wife went to India for 15 days and she is coming back on sunday at EWR. She is on h1 and joining to different compnay as full time base on EAD. She is my dependent.
She went India with all original of AP approval, EAD , copy of EAD, I485, I131 (Not original) and original copy of h1b approval. She is planning to comeback on AP. Is that law that person must carry original i485 receipt when come back on advance parole.
My wife original I485 receipt is with lawyer, when I asked him about original, he said it is not required when you are coming back on AP. Copy should be fine.
Now when discussed with some freinds they said original I485 reciept required when coming back on I485. I am not sure how to handle it.
She went India with all original of AP approval, EAD , copy of EAD, I485, I131 (Not original) and original copy of h1b approval. She is planning to comeback on AP. Is that law that person must carry original i485 receipt when come back on advance parole.
My wife original I485 receipt is with lawyer, when I asked him about original, he said it is not required when you are coming back on AP. Copy should be fine.
Now when discussed with some freinds they said original I485 reciept required when coming back on I485. I am not sure how to handle it.
roseball
02-09 08:44 PM
My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
You can go to this website and get all the needed info....
http://www.indiacgny.org/
Also, there were atleast 2 threads discussing PP renewals..You can do a search for those threads for renewal timelines...I think it takes them 2-3 weeks in NY Consulate to mail the new passport....You can go for tatkal service and get it issued the same day if you pay $90 extra....
You can go to this website and get all the needed info....
http://www.indiacgny.org/
Also, there were atleast 2 threads discussing PP renewals..You can do a search for those threads for renewal timelines...I think it takes them 2-3 weeks in NY Consulate to mail the new passport....You can go for tatkal service and get it issued the same day if you pay $90 extra....
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